This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
H.B. No. 2200
AN ACT
relating to the appointment of certified court interpreters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 57.001, Government Code, is amended by
amending Subdivisions (1)-(3) and adding Subdivision (7) to read as
follows:
(1) "Certified court interpreter" means an individual
who is a qualified interpreter as defined in Article 38.31, Code of
Criminal Procedure, or Section 21.003, Civil Practice and Remedies
Code, or certified under Subchapter B by the Department of
Assistive and Rehabilitative Services [Texas Commission for the
Deaf and Hard of Hearing] to interpret court proceedings for a
hearing-impaired individual.
(2) "Department" ["Commission"] means the Department
of Assistive and Rehabilitative Services [Texas Commission for the
Deaf and Hard of Hearing].
(3) "Commissioner" ["Executive director"] means the
commissioner of the Department of Assistive and Rehabilitative
Services [executive director of the Texas Commission for the Deaf
and Hard of Hearing].
(7) "Court proceeding" includes an arraignment,
deposition, mediation, court-ordered arbitration, or other form of
alternative dispute resolution.
SECTION 2. Section 57.002(c), Government Code, is amended
to read as follows:
(c) In a county with a population of less than 50,000, a
court may appoint a spoken language interpreter who is not a
[certified or] licensed court interpreter and who:
(1) is qualified by the court as an expert under the
Texas Rules of Evidence;
(2) is at least 18 years of age; and
(3) is not a party to the proceeding.
SECTION 3. Section 57.021, Government Code, is amended to
read as follows:
Sec. 57.021. COURT INTERPRETER CERTIFICATION PROGRAM. (a)
The department [commission] shall certify court interpreters to
interpret court proceedings for a hearing-impaired individual.
(b) The department [commission] may contract with public or
private educational institutions to administer a training program
and by rule may provide for suspension of training offered by an
institution if the training fails to meet requirements established
by the department [commission].
(c) The department [commission] shall maintain a list of
certified court interpreters and other persons the department
[commission] has determined are qualified to act as court
interpreters and shall send the list to each state court and, on
request, to other interested persons.
(d) The department [commission] may maintain a list of
persons certified by the Texas Court Reporters Association
[Certification Board] as qualified to provide communication access
real-time translation services for a hearing-impaired individual
in a court proceeding [specialists in real-time captioning] and, on
request, may send the list to a person or court.
(e) The department [commission] may accept gifts, grants,
or donations from private individuals, foundations, or other
entities to assist in administering the court interpreter
certification program under this section.
SECTION 4. Section 57.022, Government Code, is amended to
read as follows:
Sec. 57.022. CERTIFICATION; RULES. (a) The department
[commission] shall certify an applicant who passes the appropriate
examination prescribed by the department [commission] and who
possesses the other qualifications required by rules adopted under
this subchapter.
(b) The executive commissioner of the Health and Human
Services Commission [commission] by rule shall provide for:
(1) the qualifications of certified court
interpreters;
(2) training programs for certified court
interpreters each of which is managed by the department
[commission] or by a public or private educational institution;
(3) the administration of examinations;
(4) the form for each certificate and procedures for
renewal of a certificate;
(5) the fees for training, examinations, initial
certification, and certification renewal;
(6) continuing education programs under this
subchapter;
(7) instructions for the compensation of a certified
court interpreter and the designation of the party or entity
responsible for payment of compensation; and
(8) administrative sanctions enforceable by the
department [commission].
SECTION 5. Sections 57.023(a) and (c), Government Code, are
amended to read as follows:
(a) The department [commission] shall prepare examinations
under this subchapter that test an applicant's knowledge, skill,
and efficiency in the field in which the applicant seeks
certification.
(c) Examinations shall be offered in the state at least
twice a year at times and places designated by the department
[commission].
SECTION 6. Section 57.024, Government Code, is amended to
read as follows:
Sec. 57.024. [EXECUTIVE DIRECTOR] DUTIES OF THE
COMMISSIONER. (a) The commissioner [executive director] shall
enforce this subchapter.
(b) The commissioner [executive director] shall investigate
allegations of violations of this subchapter.
SECTION 7. Section 57.025, Government Code, is amended to
read as follows:
Sec. 57.025. DENIAL, SUSPENSION, OR REVOCATION OF
CERTIFICATE. (a) The executive commissioner of the Health and
Human Services Commission [commission] shall adopt rules
establishing the grounds for denial, suspension, revocation, and
reinstatement of a certificate issued under this subchapter. The
department [commission] may revoke or suspend certification under
this subchapter only after a hearing.
(b) The department [commission] may reissue a certificate
to a person whose certificate has been revoked if the person applies
in writing to the department [commission] and shows good cause to
justify reissuance of the certificate.
SECTION 8. Section 57.026, Government Code, is amended to
read as follows:
Sec. 57.026. PROHIBITED ACTS. A person may not interpret
for a hearing-impaired individual at a court proceeding or
advertise or [,] represent that the person is [to be, or act as] a
certified court interpreter unless the person holds an appropriate
certificate under this subchapter.
SECTION 9. Section 57.027(b), Government Code, is amended
to read as follows:
(b) A person who violates this subchapter or a rule adopted
under this subchapter is subject to an administrative penalty
assessed by the department [commission].
SECTION 10. Effective September 1, 2006, Section 21.003,
Civil Practice and Remedies Code, is amended to read as follows:
Sec. 21.003. QUALIFICATIONS. The interpreter must hold a
current legal certificate [Reverse Skills Certificate,
Comprehensive Skills Certificate, Master's Comprehensive Skills
Certificate, or Legal Skills Certificate] issued by the National
Registry of Interpreters for the Deaf or a current court
interpreter certificate [Level III, IV, or V Certificate] issued by
the Board for Evaluation of Interpreters in the Department of
Assistive and Rehabilitative Services.
SECTION 11. Effective September 1, 2006, Article
38.31(g)(2), Code of Criminal Procedure, is amended to read as
follows:
(2) "Qualified interpreter" means an interpreter for
the deaf who holds a current legal certificate [Reverse Skills
Certificate, Comprehensive Skills Certificate, Master's
Comprehensive Skills Certificate, or Legal Skills Certificate]
issued by the National Registry of Interpreters for the Deaf or a
current court interpreter certificate [Level III, IV, or V
Certificate] issued by the Board for Evaluation of Interpreters at
the Department of Assistive or Rehabilitative Services.
SECTION 12. (a) Except as provided by Subsection (b) of
this section, the change in law made by this Act applies only to the
appointment of a court interpreter under Chapter 57, Government
Code, as amended by this Act, on or after September 1, 2005. The
appointment of a court interpreter before September 1, 2005, is
governed by the law in effect when the interpreter was appointed,
and the former law is continued in effect for that purpose.
(b) Section 21.003, Civil Practice and Remedies Code, as
amended by this Act, and Article 38.31(g)(2), Code of Criminal
Procedure, as amended by this Act apply only to the qualifications
of a court interpreter appointed under Chapter 57, Government Code,
as amended by this Act, on or after September 1, 2006. The
qualifications of a court interpreter appointed before September 1,
2006, are governed by the law in effect when the interpreter was
appointed, and the former law is continued in effect for that
purpose.
SECTION 13. Except as otherwise provided by this Act, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2200 was passed by the House on April
29, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2200 was passed by the Senate on May
24, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor